W. Va. Code R. § 175-4-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 175-4-11 - Wine Liter Tax and Municipal Tax on Wine Sales; Reports Required

11.1. Distributor's purchase order.

11.1.a. All sales of wine nonfortified dessert wine, port, sherry or Madeira wines, except retail sales of wine, nonfortified dessert wine, port, sherry or Madeira wines, must be by purchase order. All forms shall include the following information for each item purchased from the supplier: Brand name, unit size, number of cases and bottles, total quantity in extended liters (the unit size multiplied by the number of bottles will give the extended liters), case price and the total cost of each item purchased. All purchase orders are shall be dated and numbered to identify the purchaser and distributor and are to be signed by the distributor or his agent or employee.

11.1.a.1. The Commissioner shall furnish with each distributor's license a copy of "Purchase Order," Alcohol Beverage Control Commissioner Form No. ABCC-WS-1-H, to use for purchase orders. This form need not be followed in exact detail or outline so long as the purchase order form used contains the information required herein; i.e., receiving documents and computer generated receipts may be used if the necessary information is provided.

11.1.a.2. The supplier or distributor shall maintain a copy of all purchase order for a period of four (4) years for use by the Commissioner for review and audit.

11.1.b. Distributor's wine invoice.

11.1.b.1. Each delivery of wine, nonfortified dessert wine, port, sherry or Madeira wines from a distributor shall be accompanied by an invoice including the following information: The date of invoice; the date of delivery; the trade name and address of the licensed retailer; private wine bed and breakfast; private wine restaurant; private wine spa; private club; the licensee's license number; the number of cases and bottles ordered and the size of each stated in liters; the identity of the product ordered; stated by brand and type; the total number of liters of each; the unit price of each brand and type ordered and the total sales price for each; the total number of liters included upon the invoice; and the total purchase price thereof. The invoice shall also contain a statement to be executed by the licensed retailer, private wine bed and breakfast, private wine restaurant or private wine spa, indicating the date of receipt of the wine, nonfortified dessert wine, port, sherry or Madeira wines so purchased and that such distributor was paid in full for all items so received, and name of the person, firm or corporation from whom the shipment was received or by whom it was delivered. All invoices shall state the mode or method of payment.

11.1.b.2. The Commissioner shall furnish with each distributor a copy of "Distributor's Wine Invoice," Alcohol Beverage Control Commissioner Form No. ABCC-WS-1-1, for distributor's wine invoices. This form need not be followed in exact detail or outline so long as the form contains the information required hereinabove.

11.1.b.3. The distributor and the licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club shall retain a copy of all the distributor's wine invoices for a period of four (4) years for use by the Commissioner for review and audit.

11.1.c. Taxpayer. -- The taxpayer shall, for the purpose of determining the proper party to claim a refund of wine liter tax, be only the person who pays the wine liter tax to the Tax Commissioner. For purposes of claiming a refund for a casualty loss, the term "taxpayer" may include a distributor, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club. For the purposes of claiming a credit against such tax, the term "taxpayer "shall includes only the supplier or direct shipper claiming the same.

11.1.d. Refund of liter tax by reason of casualty loss. -- A distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club, who has paid the liter tax on wine declared by the Commissioner to be unfit for sale, as a result of fire or other casualty may apply for a refund of the liter tax paid, if the amount of the tax paid on loss exceeds fifty dollars ($50.00). Neither theft nor breakage occurring on the premises of the distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club, is a casualty within the meaning of this rule.

11.1.d.1. Any distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club seeking a refund under this subsection shall contact the Commissioner within five (5) calendar days of the occurrence or casualty resulting in such loss. Upon verification of the loss and the reasons, the Commissioner shall take such steps necessary to effect payment in full to the distributor, direct shipper, licensed retailer, private wine bed and breakfast, private wine restaurant, private wine spa or private club having the claim. No refund or claim may be granted or considered by the Commissioner for liter taxes in an aggregate of less than fifty dollars ($50.00).

11.1.d.2. The Commissioner is the source of last resort for a refund under the subsection. No claim for a refund will be honored until any available insurance or other source from which a claim for casualty loss is recoverable has been exhausted. For the purpose of any refund, each casualty shall be regarded separately from any other casualty. No claim for refund may include more than one casualty.

11.1.e. Municipal tax on sales of wine to be collected and remitted to the State Tax Department.

11.1.e.1. All taxes required to be levied and collected on sales of wine made by distributors, suppliers, direct shippers, licensed retailers, private wine bed and breakfasts, private wine restaurants, private wine spas, private clubs and farm wineries pursuant to the provisions of either W. Va. Code § 8-13-7, or W. Va. Code § 60-3-9d, or both, shall be remitted to and collected by the Department Revenue. All such taxes shall be deposited to the State Treasury, which shall be responsible for the distribution to the appropriate county or municipality. All assessments, petitions for reassessment and hearings required on petitions for reassessment shall be administered and conducted by the Department of Revenue. Any rulings to be made thereon shall be made by the Department. All statutes, rules and regulations and procedures adopted by the Department of Revenue with respect to assessments, reassessments, petitions for reassessment, hearings thereon, administrative appeals and all matters relating thereto insofar as the same may relate to the imposition and collection of the municipal tax on sales of wine are adopted and incorporated herein by reference to the same extent as if the same were set forth here in extensio and shall apply to the imposition and collection of such tax.

11.1.e.2. This section does not apply to the collection, allocation or distribution of taxes on retail sales made by the Commissioner.

W. Va. Code R. § 175-4-11